Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
October 06, 2021
CASE NO(S).:
PL210215
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
York-Kirtling Inc.
Subject:
Application to amend Zoning By-law No. 7625, as amended, of the former City of North York, and Zoning By-law No. 569-2013 of the City of Toronto - Neglect of the City of Toronto to make a decision
Existing Zoning:
“One-Family Detached Third Density Zone (R3)” under Zoning By-law No. 7625, as amended, of the former City of North York, and “RD (f21.0; a1375)” under Zoning By-law No. 569-2013 of the City of Toronto
Proposed Zoning:
To be determined
Purpose:
To permit a 3-storey residential addition containing 4 units, and incorporating and converting the existing heritage building into a 3-bedroom dwelling into the proposed development
Property Address/Description:
2 Valleyanna Drive
Municipality:
City of Toronto
Municipality File No.:
20 151274 NNY 15 OZ
OLT Case No.:
PL210215
OLT File No.:
PL210215
OLT Case Name:
York-Kirtling Inc. v. Toronto (City)
Heard:
August 10, 2021 by Video Hearing
APPEARANCES:
Parties
Counsel
York-Kirtling Inc.
D. Artenosi
M. Cara
City of Toronto
J. Wice
U. Gautam
Valleyanna Residents’ Association
M. Melling
N. Koschany (Student-at-law)
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON AUGUST 10, 2021 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) for the appeals by York-Kirtling Inc. (“Applicant”) under s. 34(11) of the Planning Act, for the Council of the City of Toronto (“City”) failure to make a decision within the statutory timeframe on a Zoning By-law Amendment (“ZBA”) application for the property municipally known as 2 Valleyanna Drive (“Subject Site”).
2An Affidavit of Service for Notice of the CMC from Gregory Smith, a Land Use Planner with Overland LLP, dated July 21, 2021, was submitted as Exhibit 1.
3Existing on the Subject Site is a two-storey gatehouse that is listed on the Toronto Heritage Register. The Tribunal was informed that the City might give notice to designate the Subject Site. Should that result in an appeal to the Tribunal, the Applicant requests that all matters be heard together.
4The Applicant proposes to retain the existing gatehouse while creating four three-bedroom dwelling units at the north end of the Subject Site.
5The Tribunal was informed that the Parties are requesting two-days of Tribunal-led mediation. The request was passed along to the Tribunal’s Mediation Coordinator who will contact the Parties.
REQUEST FOR PARTY STATUS
6Michael Melling appeared before the Tribunal on behalf of the Valleyanna Residents’ Association (“Association”). The Subject Site is located, in its entirety, within the area covered by the Association. Mr. Melling informed the Tribunal that the Association has been actively involved in the public process and shares many of the same concerns as the City. His client is seeking to retain a land-use planner to provide expert opinion evidence.
7Pursuant to s. 15 of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6, and Rule 8.2 of the Tribunal’s Rules of Practice and Procedure, the Association requested Party Status. After canvassing and hearing no objections from the Statutory Parties, the Tribunal granted the request of Party Status to the Valleyanna Residents’ Association.
REQUEST FOR PARTICIPANT STATUS
8Ian Newlands and Robert Peerenboom are residents of Valleyanna Drive. While their properties are part of the Association, they have indicated that they have no issues with the proposed development. As individuals, they have sought Participant Status to provide their views to the Tribunal.
9After canvassing and hearing no objects from the Parties, the Tribunal has granted Participant Status to Ian Newlands and Robert Peerenboom.
FUTURE CASE MANAGEMENT CONFERENCE (“CMC”)
10The next CMC that may be converted into a Settlement Hearing is scheduled to proceed by video on Friday, December 17, 2021 at 10 a.m. The Parties are expected to have a defined Issues List and a draft Procedural Order for the Tribunal’s consideration.
11Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/322595477
Access code: 322-595-477
12Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
13Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9391 or (Toll-Free) 1(888) 455-1389. The access code is 322-595-477.
14Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
15There will be no further notice provided.
16This Member is not seized of this matter.
17This is the Order of the Tribunal.
“Steven Cooke”
STEVEN COOKE
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.